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Data Matters
Cybersecurity, Privacy, Data Protection, Artificial Intelligence, Internet Law, and Policy
Latest Wave of SEC Off-Channel Communications Enforcement Actions: Five Takeaways
On September 29, 2023 — the last business day of its fiscal year — the U.S. Securities and Exchange Commission (SEC) issued the latest in a series of actions charging 10 firms with recordkeeping failures in connection with employees’ use of unapproved applications on personal devices to engage in communications relating to the firms’ business (known as “off-channel communications”).1 The firms charged included broker-dealers, investment advisers, and dually registered broker-dealers and investment advisers as well as one family of firms that self-reported conduct to the SEC. To date, the SEC has charged over 40 registrants and leveled over $1.6 billion in penalties as part of its off-channel communications matters. Other regulators, including the Commodity Futures Trading Commission (CFTC), have brought similar cases.
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Stephen L. Cohen
Washington, D.C., Boston, ...
scohen@sidley.com
Ranah Esmaili
Washington, D.C.
resmaili@sidley.com
Lara Shalov Mehraban
New York
lmehraban@sidley.com
David S. Petron
Washington, D.C.
dpetron@sidley.com
Barry W. Rashkover
New York
brashkover@sidley.com
John I. Sakhleh
Washington, D.C.
jsakhleh@sidley.com
Lara C. Thyagarajan
New York
lthyagarajan@sidley.com
Kenyon Colli Hall
Boston
kenyon.hall@sidley.com
The Finalization of the UK-U.S. Data Bridge
On September 21, 2023, the UK and the U.S. announced the UK extension to the EU-U.S. Data Privacy Framework (DPF), which will come into effect on October 12. A new UK adequacy regulation provides that the UK Secretary of State for Science, Innovation and Technology has determined that the U.S. provides adequate levels of protection for personal data in certain transfers and brings the UK within the DPF announced in July 2023. The U.S. Attorney General also designated the UK as a “qualifying state” under an Executive Order on September 18 for the purposes of the DPF. This means that on October 12, UK businesses will be able to transfer personal data to U.S. organizations self-certified under the DPF.
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William RM Long
London
wlong@sidley.com
Alan Charles Raul
Washington, D.C., New York
araul@sidley.com
Lauren Kitces
Washington, D.C.
lkitces@sidley.com
SEC’s Cybersecurity Disclosure Rules Are Here. Is Your Company Ready to Comply?
Companies are facing more attacks on their information systems. And, as their cyber risk skyrockets, the SEC has stepped in with new regulations, telling businesses what to disclose about these incidents — and requiring detailed disclosures on cyber risk management more broadly. With the deadline for compliance fast approaching, businesses are scrambling to mitigate their legal risk and comply with regulations that some say may be an overreach.
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Sonia Gupta Barros
Washington, D.C.
sbarros@sidley.com
Colleen Theresa Brown
Washington, D.C.
cbrown@sidley.com
Samir A. Gandhi
New York
sgandhi@sidley.com
New EU FIDA Proposal: How Does This Affect GDPR?
The European Commission issued the Financial Data Access Act (FIDA) proposal in June this year. FIDA will create a legislative framework that aims to “bring payments and the wider financial sector into the digital age” by facilitating the sharing of and access to customer financial data (whether of businesses or consumers).
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William RM Long
London
wlong@sidley.com
Francesca Blythe
London
fblythe@sidley.com
Lauren Cuyvers
Brussels
lcuyvers@sidley.com
AI Foundation Models: UK CMA’s Initial Report
The CMA has set out its emerging thinking on the functioning of competition and consumer protection in the market for foundation models.
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Ken Daly
Brussels
kdaly@sidley.com
Patrick J. Harrison
London
pharrison@sidley.com
Murray Reeve
London
mreeve@sidley.com
Schumer Framework May Forge U.S. Model on AI Governance
*This article first appeared on Law360 on September 5, 2023.
This summer, Senate Majority Leader Chuck Schumer proposed a distinctive new framework to develop a comprehensive artificial intelligence regulatory policy that is intended to be adamantly bipartisan and committed, as a first principle, to preserving innovation and intellectual property rights.
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Alan Charles Raul
Washington, D.C., New York
araul@sidley.com
Rimsha Syeda
Washington, D.C.
rsyeda@sidley.com
Regulatory Update: National Association of Insurance Commissioners Summer 2023 National Meeting
The National Association of Insurance Commissioners (NAIC) held its Summer 2023 National Meeting (Summer Meeting) from August 12–16, 2023. Highlights include continued development of accounting principles and investment limitations related to certain types of bonds and structured securities, continued discussion of considerations related to private equity ownership of insurers, a proposed model bulletin addressing the use of artificial intelligence by the insurance industry, and continued development of a new consumer privacy protections model law.
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Stephanie H. Dobecki
Chicago
sdobecki@sidley.com
Ellen M. Dunn
New York
edunn@sidley.com
Andrew R. Holland
New York
aholland@sidley.com
Michael L. Rosenfield
Los Angeles
mrosenfield@sidley.com
Chris H. Burusco
Los Angeles
cburusco@sidley.com
Sara N. Africano
Chicago
safricano@sidley.com
Jacob A. Grossman
Chicago
jgrossman@sidley.com
EU, U.S., and UK Regulatory Developments on the Use of Artificial Intelligence in the Drug Lifecycle
Globally, the rapid advancement of artificial intelligence (AI) and machine learning (ML) raises fundamental questions about how the technology can be used. Drug approval authorities are now also taking part in this discussion, resulting in emerging and evolving guidelines and principles for drug companies.
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Francesca Blythe
London
fblythe@sidley.com
Deeona R. Gaskin
Washington D.C.
dgaskin@sidley.com
Josefine Sommer
Brussels
jsommer@sidley.com
Atiq Chowdhury
Maria-Oraiozili Koutsoupia
George Herring
London
gherring@sidley.com
Upcoming Events
Sidley Lawyers Anna Remis and Ash Nagdev to Speak at Microsoft ObtAIn Conference
Sidley Partner Hardy Callcott to Participate in Berkeley Boosts Webinar on Predictive Data Analytics and the Law
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